Ulster-Scots Agency

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 13 January (WA 1) concerning the financial year for the Ulster-Scots Agency, what they meant by "underspend of funds remaining at 31 March is surrendered to the Department of Finance and Personnel".

Lord Williams of Mostyn: An underspend in budget at the end of the financial year no longer belongs to the particular department as the funds have not been spent within the financial year to which they were attributed. Therefore all underspend of funds at the end of the financial year must be surrendered to the Department of Finance and Personnel (DFP).

North/South Ministerial Council

Lord Laird: asked Her Majesty's Government:
	Whether they will arrange for the North/South Ministerial Council to make a presentation to interested parties (including the public) in order to promote understanding of the working of the council and implementation bodies, their tasks and the procedures used to make decisions in the past and the future.

Lord Williams of Mostyn: In accordance with its customary practice, the North/South Ministerial Council Joint Secretariat will consider making such a presentation on receipt of a written request.

North/South Ministerial Council

Lord Laird: asked Her Majesty's Government:
	On what days in the year the union flag flies on the building occupied by the North/South Ministerial Council in Armagh city.

Lord Williams of Mostyn: The building occupied by the North/South Ministerial Council Joint Secretariat is not a building to which the Flags Regulations (Northern Ireland) 2000 applies. Policy on the display of flags rests with the owners of the building, Armagh City and District Council.

Northern Ireland: Special Educational Needs Assessment

Lord Laird: asked Her Majesty's Government:
	Whether the autistic child of Connor Burke of Belfast has been afforded proper support from the Belfast Education and Library Board; and, if not, whether they will review the case.

Lord Williams of Mostyn: Under special education legislation when the parent of a child with special educational needs and an education and library board (ELB) disagree over the provision proposed by an ELB, the parents have a right of appeal to the Special Educational Needs Tribunal. The Department of Education has no power to determine the provision or intervene in this process.
	A separate request has been made to the department under Article 101 of the Education and Libraries (NI) Order 1986, as amended by the Education Reform (NI) Order 1989, to consider if the Belfast Education and Library Board has acted reasonably in the case of Connor Burke. This legislation gives the department a general power to consider whether a board has acted reasonably in the exercise of its duty. The department is considering this request.

Belfast Education and Library Board: DVD Language Policy

Lord Laird: asked Her Majesty's Government:
	Who funded a video produced by the Belfast Education and Library Board entitled "Making Rhyming Round Belfast"; what Ulster Scots input is included; whether such input was encouraged; and, if so, how.

Lord Williams of Mostyn: In answering this Question I am assuming that the noble Lord is referring to a digital video disc (DVD) entitled "Rhyming Round Belfast". The DVD was funded by the Belfast Education and Library Board and was produced by them in collaboration with the New Belfast Community Arts Initiative as part of "Young at Art—the festival of dreams" for children and young people. Children from 53 schools from the primary, secondary, controlled, maintained and voluntary sectors participated, with children composing and performing poems on the themes of dreams and diversity.
	There was no Ulster Scots input in the DVD. Participation in the project and the language of expression were at the discretion of the schools and the children, and there was no steer either towards or away from the use of Ulster Scots.

North/South Ministerial Council Joint Secretariat: Use of Premises by Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Whether they have any plans to make meeting facilities at the offices of the North/South Ministerial Secretariat in Armagh available to implementation body meetings.

Lord Williams of Mostyn: The North/South Ministerial Council Joint Secretariat will consider requests from North/South implementation bodies for the use of its premises, in appropriate matters pertaining to North/South business activities. Accommodation will be made available subject to availability and the needs of the Joint Secretariat.

Brixton Prison

Lord Pilkington of Oxenford: asked Her Majesty's Government:
	Whether it is conducive to prisoner rehabilitation to have one education place for every 20 men in HM Prison Brixton.

Baroness Scotland of Asthal: Brixton has the capacity to provide access to learning within the education department to nearly one in five prisoners at any one time. This will be further enhanced with the opening of a new learning and skills centre in autumn 2003. I will look to senior management in the prison to do all they can to ensure that this capacity is fully utilised.
	In addition, Brixton has increased access to learning by offering education and learner support across a range of other activities outside the traditional classroom setting including on the prison wings. This is helping to engage those prisoners whose experiences of schooling have made them resistant to more formal teaching methods.
	We want to see enhanced provision of learning and skills in all prisons, with increased prisoner participation supported by greater flexibility in delivery. We are pursuing a programme of quality improvement and investing an additional £110 million over the next three years to bring this about.

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 14 of the European Convention on Human Rights and with the Human Rights Act 1998; and, if so what are their reasons.

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Article 14 of the European Convention on Human Rights Act 1998 to the extent that the exclusion from the directive itself is so compatible.

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 2(2) and Article 26 of the United Nations International Covenant on Civil and Political Rights; and, if so, what are their reasons.

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Articles 2(2) and 26 of the United Nations International Covenant on Civil and Political Rights (which treat colour as a separate element) in so far as the subject matter of the two instruments overlaps and to the extent that the exclusion from the directive itself is so compatible.Joan

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with the United Nations International Convention on the Elimination of All Forms of Racial Discrimination (including discrimination based on "colour"); and, if so, what are their reasons.

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations is compatible with the United Nations International Convention on the elimination of All Forms of Racial Discrimination in that the references to race and ethnicity appear to be common to the concepts of racial discrimination contained in both the EC Article 13 Race Directive and in the convention, while colour is not common to them.

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" in the Race Directive (Council Directorate 2000/43/EC) to include any distinction, restriction or preference based on race, colour, descent, or national or ethnic origin; and, if not, what are their reasons.

Baroness Scotland of Asthal: We do not consider that the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" include colour. Otherwise, we consider that those references include the same matters as the corresponding words in the Race Relations Act 1976, which implements the UK's international obligations in respect of racial discrimination, and are thus to be regarded as including the matters (other than colour) referred to in the second part of the question.

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider the powers conferred by the European Communities Act 1972 would authorise them to implement the Race Directive (Council Directive 2000/43/EC) to combat discrimination on the grounds of colour by delegated legislation; and, if not, why not.

Baroness Scotland of Asthal: We consider that the power conferred by the European Communities Act 1972 would confer authority to combat discrimination on grounds of colour, in the course of implementing the Race Directive (Council Directive 2000/43/EC), if this power had not already been used to make good any shortfall in Community competence in certain areas of the 1976 Act corresponding to those mentioned in the directive (in order to deal with the limitation in Article 3.1 of the directive).

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider that the concept of racial discrimination in the Race Directive (Council Directive 2000/43/EC) is intended to be narrower than the concept of racial discrimination in the International Convention on the Elimination of All Forms of Racial Discrimination (referred to in Recital (3) of the directive); and, if so, what is the basis for this view.

Baroness Scotland of Asthal: The concept of racial discrimination in the Race Directive (Council Directive 2000/43/EC) appears to be expressed more narrowly than the concept of racial discrimination in the International Convention on the Elimination of All Forms of Racial Discrimination (referred to in Recital (3) of the directive). Whereas the latter refers to "racial discrimination" as meaning "any distinction, restriction or preference based on race, colour, descent or national or ethnic origins", the former refers to "the principle of equal treatment" as meaning "that there shall be no direct or individual discrimination based on racial or ethnic origin". The elements of race and ethnicity appear to be common to both concepts, but not colour.

Disability Benefits: Recipients Aged over 50

Lord Newby: asked Her Majesty's Government:
	How many people over 50 are currently in receipt of disability benefit in the United Kingdom; what proportion of the total population this represents; and what were the equivalent figures for 1980 and 1990.

Baroness Hollis of Heigham: Such information as is available is in the table. The information for 2003 is for the recipients of disability living allowance (DLA) and attendance allowance (AA). These benefits are paid as a contribution towards the extra costs faced by severely disabled people as a result of their disabilities. The information for 1980 and 1991 1 is for the recipients of AA and mobility allowance (Mob A).
	Mob A was replaced by the higher rate of mobility component of DLA in 1992. From the same date, the middle and higher rate of care components of DLA replaced AA for people aged under 65 when they claim help with their disability-related extra costs. A new lower rate of mobility component and lowest rate of care component were also introduced as part of DLA from the same date.
	Numbers of people aged 50 and over in the UK receiving AA and DLA on 28 February 2003 and the total of these as a proportion of the total UK population; and the equivalent figures for AA and Mob A recipients aged 50 and over in 1980 and 1991 1 .
	
		Thousands 
		
			  AA(2) Mob A(3) DLA Total as a proportion of total UK population—per cent 
			 1980 219 88 – 0.5 
			 1991(1) 732 488 – 2.1 
			 2003 (4)1,399 – 1,527 5.0 
		
	
	Sources:
	Benefits. GB: for 2003, Information Analysis Directorate Information Centre; for 1980, 1990 and 1991, Social Security Statistics Publications.
	NI: Statistics & Research Branch, Department for Social Development.
	Population. 1980 for NI, mid-year estimates from the NI Statistics & Research Agency; otherwise, for both GB and NI, the Office for National Statistics.
	Notes:
	1. Figures for 1991 are provided instead of 1990, because figures for 1990 are not available for NI. Figures for 1990 for GB only are AA, 640,000; Mob A, 443,000; total as a proportion of total GB population, 2.0 per cent.
	2. Figures for 1980 and 1991 for AA are: for GB, at 30 September 1980 and 31 March 1991; and for NI, at 31 December 1980 and 1991.
	3. Figures for mobility allowance are for GB at 31 March, and NI at 31 December.
	4. From 1992, the lower age limit for AA is 65.
	5. Figures for GB for 2003 are from a 5 per cent sample of data. Other GB figures and all NI figures are from a 100 per cent count.

Pensions Protection Fund: Costs

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	Whether they will set out their assumptions and methods of calculating the cost of £340 million to £375 million, assuming a £40,000–£66,000 salary cap, to private sector employers of introducing the Pensions Protection Fund, as noted on page 41 of Working and saving for retirement: action on occupational pensions (Cm. 5835); and
	With regard to the estimated cost of £340 million to £375 million to private sector employers of introducing the Pensions Protection Fund—
	(a) whether it is a one-off or annual cost;
	(b) whether it is for gross insurance premiums payable or net insurance premiums payable, or simply the extra administrative cost to the employers of the fund;
	(c) how many members of defined benefit schemes are employers expected to make payments to; and
	(d) what are estimated to be minimum and maximum payments into the fund per member.

Baroness Hollis of Heigham: The cost of £340 million to £375 million is the difference between the assets and the liabilities of the schemes taken over by the PPF in a year, using the following assumptions:
	(i) Data on the MFR funding levels of just over 1,000 schemes that had an MFR valuation with an effective date between April 1997 and April 2000 were used. Adjustments were made for each scheme in the sample in order to estimate the up-to-date funding position. The results were scaled up to the total for all private sector occupational pension schemes.
	(ii) The value of the liabilities if such schemes were to fall within the responsibility of the Pensions Protection Fund were estimated on a basis equivalent to midway between the current MFR basis and the full insurance buyout costs for the liabilities.
	(iii) The cost will obviously depend on the number of firms going insolvent. Allowance was made for the possibility of normal, poor and extreme years as far as bankruptcies are concerned, but on average over a 20-year period, the probabilities of a scheme becoming a liability of the PPF were assumed to be between about 0.3 per cent a year for large schemes and 1 per cent a year for small schemes. This assumed level of bankruptcy is cautious, especially given that it is very rare for large companies to go bankrupt.
	(iv) Allowance was made for the impact of the suggested salary cap using data on the earnings of occupational schemes members from the Family Resources Survey.
	The cost of £340 million to £375 million is an estimated annual cost that represents the estimated overall annual levy needed to meet the benefit funding shortfall of schemes eligible for compensation from the PPF (see above). The flat-rate levy will be in respect of all members of defined benefit schemes (active, deferred members and pensioners), approximately 15 million members in total. The cost per individual member will be the flat-rate levy, with an additional cost depending on the level of underfunding in the scheme. All costs are gross of corporation tax.
	Note:
	As set out on page 41 of Working and saving for retirement: Action on occupational pensions, the estimated cost of £340 million to £375 million is based on a cap of £40,000–£60,000, not £40,000–£66,000, as cited in the Question.

Economic and Monetary Union

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What steps they intend to take to ensure that the five tests for the United Kingdom's entry into economic and monetary union are met within a prescribed period of time; and
	Whether they consider it probable that the United Kingdom will enter the economic and monetary union within the next five years.

Lord McIntosh of Haringey: In his Statement to Parliament on 9 June 2003, the Chancellor of the Exchequer announced major reforms, right for the British economy, reforms which will be implemented over the next year and will greatly assist the process of achieving sustainable and durable convergence and the flexibility necessary for Britain to succeed sustainably within the euro-zone and realise its potential for trade and investment.
	The Government believe there is a realistic prospect of making significant progress on this reform agenda over the next year. We will report on progress in the Budget next year.

Economic and Monetary Union

Lord Lester of Herne Hill: asked Her Majesty's Government:
	In the context of the decision to join the euro-zone, what is their understanding of the likely effect of variable rate financing in the United Kingdom housing market on consumer spending.

Lord McIntosh of Haringey: I refer the noble Lord to UK membership of the single currency: An assessment of the five economic tests (Cm 5776) published on 9 June 2003.

Economic and Monetary Union

Lord Lester of Herne Hill: asked Her Majesty's Government:
	(a) what they consider to be the problems with the United Kingdom housing market;
	(b) whether and in what way entry into the euro-zone would affect these problems; and
	(c) what policies they intend to adopt to mitigate the problems, so as to facilitate United Kingdom entry into the euro-zone.

Lord McIntosh of Haringey: I refer the noble Lord to UK membership of the single currency: An assessment of the five economic tests (Cm 5776) and the Statement by the Chancellor of the Exchequer to Parliament on 9 June 2003 (Official Report column 25–35).

Economic and Monetary Union

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	What were the total costs of the recent assessment of the five economic tests and the background studies; and what were the costs of (a) the physical production and delivery of the assessment and studies themselves; and (b) payments to outside experts who contributed to the studies.

Lord McIntosh of Haringey: The resources allocated to producing and delivering the assessment of the five economic tests and the eighteen EMU studies were met from within the Treasury's three-year departmental expenditure limits.

Iraq: Debt

Lord Hylton: asked Her Majesty's Government:
	What are their intentions and future plans in respect of the international debts of Iraq.

Lord McIntosh of Haringey: The Government would like to see a fair and sustainable solution to Iraq's debt problems. We believe the best way to achieve that is through a full assessment by the IMF and the World Bank of Iraq's needs, resources, and obligations, leading to a shared agreement on debt by the Paris Club of official creditors, and comparable treatment by other creditors.

Genetically Modified Maize

Lord Hylton: asked Her Majesty's Government:
	Whether they have evaluated evidence that the genetically modified maize, Chardon LL, when fed to chickens, resulted in twice the mortality of chickens fed conventional maize; and if not, what action they propose.

Lord Whitty: The Government have evaluated the evidence mentioned. A number of concerns about the safety of Chardon LL, a variety of the GM maize type T25, were raised at the "public hearing" into the proposed addition of Chardon LL onto the UK National List of Seeds. The Government sought advice from the Advisory Committee on Releases to the Environment (ACRE) on all the safety issues raised including the results of the study where T25 genetically modified maize was fed to chickens. ACRE consulted the Advisory Committee on Animal Feedingstuffs (ACAF) on matters related to the use of Chardon LL in animal feed, including the chicken feeding study, and issued their advice to government on 13 December 2002. The full text is available on the Defra web-site at http://www.defra.gov.uk/environment/acre/advice/advice20.htm. Point 12 of the advice deals specifically with the chicken feeding study. In summary there is nothing in this study to indicate that T25 maize grain poses any more risk to humans or animals than non-GM varieties. In particular no statistically significant difference in mortality rate was observed between chickens fed T25 grain compared to those fed non-GM maize.
	I have sent the noble Lord a copy of this advice, and have placed copies in the Library.

Farming: Landscape Enhancement and Biodiversity Schemes

Lord Renton of Mount Harry: asked Her Majesty's Government:
	Whether they are satisfied with the growth in the introduction of landscape enhancement and biodiversity schemes in English farming

Lord Whitty: The Government have in place two main agri-environment schemes, Countryside Stewardship and environmentally sensitive areas, whose objectives include the conservation of biodiversity and the maintenance and enhancement of landscape quality and character. Expenditure under these two schemes in 1996–97 was £40 million. We have expanded them every year since then and the total budget for the two schemes in the current year (2003–04) is £129 million. However we want to go further. We are reviewing the current agri-environment schemes, with the aim of streamlining and simplifying them while also improving their effectiveness.
	We also intend to increase the opportunities for all farmers to take part in agri-environment schemes by introducing a broadly based, entry level agri-environment scheme. This will reward a range of simple management practices designed to benefit a range of objectives, including biodiversity and landscape, on a much wider scale than has been possible hitherto. This scheme is currently being piloted in four areas of England. If the pilots for the scheme are successful, the Government will make national funding available to roll the scheme out across England.
	This new entry level scheme will be designed to complement a revised higher tier scheme, incorporating both Countryside Stewardship and environmentally sensitive areas, which will continue to deliver the more demanding, complex and expensive aspects of environmental management. These two new schemes will form a single integrated structure.

Horse Passports (England) Order 2003

Viscount Astor: asked Her Majesty's Government:
	Whether the estimated costs of implementation of the Horse Passports (England) Order 2003, published in the final regulatory impact assessment on 27 March, include costs for drawing up legislation; and if so, what are those costs.

Lord Whitty: The regulatory impact assessment estimated the costs to the equine sector of implementing the horse passports legislation and did not include costs to government in drawing up legislation. These costs will be absorbed with existing departmental administration budgets.

Horse Passports (England) Order 2003

Viscount Astor: asked Her Majesty's Government:
	Whether the Department for Environment, Food and Rural Affairs has agreed to provide resources to support the health aspects of the Horse Passports (England) Order 2003.

Lord Whitty: One of the main objectives of the Horse Passports (England) Order 2003 is to protect human health. It will achieve this by providing the necessary controls to ensure that horses treated with certain veterinary medicines which may not be used on food-producing animals do not enter the human food chain. Enforcement of these controls at the slaughterhouse will rest with the Food Standards Agency.